Research On False Civil Action Governance Mechanism

In the modern country ruled by law,litigation,as an effective means for citizens to protect their own rights and interests,is highly valued in terms of systems and concepts.However,with the development of the civil litigation system and the growth of civil litigation cases,a large number of false civil litigation cases have emerged.This social phenomenon reflects that litigation as a legal technique has gone in the opposite direction that the law pursues.False civil litigation acts have caused extremely serious damage to the normal judicial order,efficient judicial effectiveness and the judicial authority of the people ’s courts,and at the same time also provoked the dignity of the law,the ability and wisdom of judges.China has made legislation to target it,and urgently needs to establish relevant tort rules to refine the provisions of false civil litigation,provide clear guidance to judges,so as to solve the problems in judicial practice and purify the judicial environment.This article is divided into four parts:The first part briefly discusses false civil lawsuits and makes a brief summary.It mainly involves the conceptual characteristics of false civil litigation and analyzes the reasons for its occurrence.This part is mainly to clarify the connotation and manifestation of false civil lawsuits and provide directions for solving problems later.The second part is mainly to introduce the current situation and existing problems of China’s false civil litigation regulations.The current legal provisions have a lag when responding to the status quo in specific judicial practice,and there are deficiencies in the legal norms regarding the mediation system,rules of evidence,and remedies.At the same time,the current judicial supervision mechanism for litigation needs to be improved Department,to find and analyze loopholes that may condone the occurrence of false civil litigation,and provide directions for solving the spread of false civil cases.The third part is to introduce different methods for the regulation of false civil litigation in different countries and regions,and enumerate the standard methods of the United Kingdom,Germany,Japan,and Chinese Taiwan as representative legal provisions.There are two main types: one is to focus on procedural measures to regulate false civil litigation;theother is to adopt a regulatory approach that emphasizes both entity and procedure to regulate false civil litigation.Learn from the experience of other countries and regions to better solve the problem of false civil litigation in China.The fourth part is to perfect the legal regulations and system deficiencies.Mainly put forward some suggestions for the second part of the problem.First,governance from the source before the litigation begins;secondly,strengthen the regulation of false litigation in the litigation process;and finally,the way of post-event supervision,for the false litigation that has occurred,establish a multiple linkage supervision,prosecution,and relief as one Complete system.